S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1507
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to increasing  penalties  for
         first, second, third and fourth degree stalking
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The closing paragraph of section 120.45 of the  penal  law,
    2  as  added  by  chapter  635  of  the laws of 1999, is amended to read as
    3  follows:
    4    Stalking in the fourth degree is a class [B] A misdemeanor.
    5    S 2. The closing paragraph of section 120.50  of  the  penal  law,  as
    6  added by chapter 635 of the laws of 1999, is amended to read as follows:
    7    Stalking in the third degree is a class [A misdemeanor] E FELONY.
    8    S  3.  The  closing  paragraph  of section 120.55 of the penal law, as
    9  added by chapter 635 of the laws of 1999, is amended to read as follows:
   10    Stalking in the second degree is a class [E] D felony.
   11    S 4. The closing paragraph of section 120.60  of  the  penal  law,  as
   12  amended  by  chapter  434  of  the  laws  of 2000, is amended to read as
   13  follows:
   14    Stalking in the first degree is a class [D] C felony.
   15    S 5. Paragraphs (b), (c) and (d) of subdivision 1 of section 70.02  of
   16  the  penal  law,  paragraph (b) as amended by chapter 148 of the laws of
   17  2011, paragraph (c) as amended by chapter 405 of the laws  of  2010  and
   18  paragraph  (d)  as amended by chapter 7 of the laws of 2007, are amended
   19  to read as follows:
   20    (b) Class C violent felony offenses: an attempt to commit any  of  the
   21  class  B felonies set forth in paragraph (a) of this subdivision; aggra-
   22  vated criminally negligent homicide as defined in section 125.11, aggra-
   23  vated manslaughter in the second degree as defined  in  section  125.21,
   24  aggravated  sexual  abuse  in  the  second  degree as defined in section
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03249-01-3
       S. 1507                             2
    1  130.67, assault on a peace officer, police officer, fireman or emergency
    2  medical services professional as defined in section 120.08, assault on a
    3  judge as defined in section 120.09, gang assault in the second degree as
    4  defined  in  section  120.06, STALKING IN THE FIRST DEGREE AS DEFINED IN
    5  SUBDIVISION ONE OF SECTION 120.60, strangulation in the first degree  as
    6  defined  in  section 121.13, burglary in the second degree as defined in
    7  section 140.25, robbery in the  second  degree  as  defined  in  section
    8  160.10,  criminal possession of a weapon in the second degree as defined
    9  in section 265.03, criminal use of a firearm in  the  second  degree  as
   10  defined  in  section  265.08,  criminal  sale of a firearm in the second
   11  degree as defined in section 265.12, criminal sale of a firearm with the
   12  aid of a minor as defined in section  265.14,  soliciting  or  providing
   13  support  for  an  act  of  terrorism  in  the first degree as defined in
   14  section 490.15, hindering prosecution of terrorism in the second  degree
   15  as  defined  in  section  490.30,  and criminal possession of a chemical
   16  weapon or biological weapon in the third degree as  defined  in  section
   17  490.37.
   18    (c)  Class  D violent felony offenses: an attempt to commit any of the
   19  class C felonies set forth in paragraph (b); reckless assault of a child
   20  as defined in section 120.02, assault in the second degree as defined in
   21  section 120.05, menacing a police officer or peace officer as defined in
   22  section 120.18, stalking in the [first] SECOND  degree,  as  defined  in
   23  subdivision  one of section [120.60] 120.55, strangulation in the second
   24  degree as defined in section  121.12,  rape  in  the  second  degree  as
   25  defined  in  section 130.30, criminal sexual act in the second degree as
   26  defined in section 130.45, sexual abuse in the first degree  as  defined
   27  in  section  130.65,  course  of  sexual  conduct against a child in the
   28  second degree as defined in section 130.80, aggravated sexual  abuse  in
   29  the  third  degree  as  defined  in  section  130.66, facilitating a sex
   30  offense with a controlled substance as defined in section 130.90, crimi-
   31  nal possession of a weapon in the third degree as defined in subdivision
   32  five, six, seven or eight of section 265.02, criminal sale of a  firearm
   33  in  the third degree as defined in section 265.11, intimidating a victim
   34  or witness in the second degree as defined in section 215.16, soliciting
   35  or providing support for an act of terrorism in  the  second  degree  as
   36  defined in section 490.10, and making a terroristic threat as defined in
   37  section  490.20,  falsely  reporting  an incident in the first degree as
   38  defined in section 240.60, placing a false bomb or  hazardous  substance
   39  in  the  first degree as defined in section 240.62, placing a false bomb
   40  or hazardous substance in a sports stadium or arena, mass transportation
   41  facility or enclosed shopping mall as defined  in  section  240.63,  and
   42  aggravated unpermitted use of indoor pyrotechnics in the first degree as
   43  defined in section 405.18.
   44    (d)  Class  E violent felony offenses: STALKING IN THE THIRD DEGREE AS
   45  DEFINED IN SECTION 120.50, an attempt to commit any of the  felonies  of
   46  criminal possession of a weapon in the third degree as defined in subdi-
   47  vision  five, six, seven or eight of section 265.02 as a lesser included
   48  offense of that section as defined in section  220.20  of  the  criminal
   49  procedure  law,  persistent  sexual  abuse as defined in section 130.53,
   50  aggravated sexual abuse in the  fourth  degree  as  defined  in  section
   51  130.65-a,  falsely reporting an incident in the second degree as defined
   52  in section 240.55 and placing a false bomb or hazardous substance in the
   53  second degree as defined in section 240.61.
   54    S 6. This act shall take effect on the first of November next succeed-
   55  ing the date on which it shall have become a law.